Bridger Creek Subdivision Community Association
Annual Membership Meeting
Minutes of Meeting – May 6, 2013
Confirm
Attendance
Proxies
submitted prior to the meeting totaled 143, constituting a quorum, so the
meeting was called to order at 7:05 pm by Board President, Sharyn Anhalt. (109 proxies are needed for a quorum, being
40% of 272 lots or votes.) Note: Final
count of members present in person or by proxy is 167.
Officially
Nominate and Appoint Chairperson
The Board
President called for nominations for a meeting Chairperson, and indicated that
she did not wish to serve as Chair of the membership meeting. Nominations from
the floor were for Paul Gianas and Joan Michlin. Both nominations were
seconded. A vote was called by show of hands. Paul was elected Chair by a clear
majority show of hands.
Paul
provided an overview of the governing documents for our association and
reminded the members present that the Bylaws were amended in 2008. Governing
documents are available on the Association’s web site (http://bridgercreek.blogspot.com)
or from the Gallatin County Clerk and Recorder’s office. Paul also provided an overview of Robert’s
Rules of Order, the governing parliamentary procedure as approved by the membership
with the 2008 Bylaws amendment. The protocol for the meeting was communicated;
members must raise their hand and be recognized by the Chair before speaking,
members are allowed to speak for 2 minutes on an agenda item, everyone that
wishes to speak will be given an opportunity to do so before members are called
on for a second time, and questions should be addressed through the Chair. If
the Chair cannot answer the question, the Chair will direct it to the member
who can answer.
Officially
Nominate and Appoint Recording Secretary for the Meeting
Karin
Jennings was nominated as Recording Secretary, and seconded, and appointed by
acclamation due to no opposition.
Status
Update Regarding Petition Filed in Gallatin County District Court by Member
Bill Beebe
Sharyn
Anhalt, Board President, provided a summary of the information that has been posted
on the Association website. Member Bill Beebe filed an action in October 2012 against
the Board of Directors of Bridger Creek Subdivision in Gallatin County District
Court, charging the Association with misinterpretation of the Covenants. She
listed the documents that have been filed and suggested that members read and
review the information. Petitions and Responses have been filed by both
parties. The most recent document was
received Friday, May 3, 2013, and has not yet been posted to the website. The
Association has an opportunity to respond to this latest document, at which
time the case will go to the court for Summary Judgment. If the court decides it cannot rule on
Summary Judgment, the issue will need to go to trial. The Board opened a claim
with BCSCA’s Director and Officer (D&O) insurance, and the insurance
company has provided the Board with legal representation. On advice of legal
counsel, the Board appointed an Executive Committee to work with the attorney, comprised
of Sharyn Anhalt, Dorick Sauvageau and Karin Jennings. Any questions regarding
this case should be directed to a member of the Executive Committee by email or
telephone.
Tim
Russell, current Board Vice President, addressed the members with his
interpretation of the legal issue. After he finished, Sharyn noted that Tim was
providing that information as a member of the association, and that it was not
the position of the Board of Directors.
There was also a question from a member about why historical annual
meeting notices are not posted to the web site? Sharyn responded that only
meeting minutes are regularly posted. A member asked if there was any legal
order blocking the association from spending money; Sharyn responded no.
Design
Review Committee Report
Dave
Andreassi, Chair of the Design Review Committee (DRC) was not present and had
asked Karin Jennings to provide his report in his absence. Karin read Dave’s report, a summary of projects
approved by the DRC since the last annual meeting in May, 2012, to present.
- Golf course net on lot 25, Phase I, was approved by the Board at the August 6, 2012 BOD meeting.
- Trellises/landscaping in the side and back yard at lot 7, Phase II was approved by the DRC at the March 4, 2013 BOD meeting.
- Single family home in Phase 3, lot 24 was approved by the DRC April 1, 2013.
Adam Racow
introduced himself and indicated that he is the Chair of the Park and Trails
Committee, which he has filled since the May 2012 meeting. Adam provided the
following report on the committee’s activities during 2013:
- Sponsored field trips and member input meeting to explore ideas for subdivision improvements, June 2012. Top priorities identified were pursuing the McIlhattan Trail and improvements to the Triangle Park.
- The Committee presented to the Board bids and a proposal to construct a portion of the McIlhattan Trail, from South St Andrews to the north edge of the subdivision, connecting to the Phase 3 trail. The Board approved the project subject to approval and permitting from the City. A letter was received last Friday from the City, informing the Association that approval has been granted.
- Progress on improvements to the Triangle Park was put on hold to focus on the McIlhattan Trail segment, and will be resumed this year. An access easement from Par Ct is vital to determining the scope of improvements, and is pending further discussions with any willing donor.
Maintenance
activities
- Regrading and water bar repair on Phase 3 trail.
- Replaced two park boulevard trees on Boylan Road.
- Trimmed shrub and planting beds in Phase 2 park.
- Repaired the ditch on Phase 1 trail created by the drainage work done during Links Condo development.
- Organized a group of volunteers to work on brush cleanup along McIlhattan from Augusta Drive to Story Mill Road, to create a wider shoulder for bike riders and pedestrians.
- Met with City Parks Department to confirm arrangement for ongoing maintenance of Phase 3 park and trail. The City was unwilling to commit to any specific maintenance schedule, so the Association has and will perform all weed and mowing maintenance.
- Repairs to the Phase 2 park sprinklers have been scheduled.
Discussion
ensued, summarized as follows:
1) Q: Why
did the City not hold a public hearing? A: The City determined not to hold a
public meeting for the project.
2) Q: who
provided approval for the trail, and is it in writing? A: City of Bozeman
Engineering Department provided written approval.
3) Q:
there is a public notice sign near the corner of McIlhattan and Story Mill
Road, what is that about? A: a shed was constructed within the required setback
(note: this is outside our subdivision).
4) A
comment was made that the McIlhattan Trail is not within our subdivision. A: The
McIlhattan Trail is completely within the legal boundaries of Bridger Creek
Subdivision Phase 2, per the plat map.
5) Q: From
ski and golf supporter about the status of Golf Course Partners and potential
threat to loss of skiing? A: The project was scaled back to address this
concern, and only the northern segment is to be constructed, away from the golf
course parking area. Dorick and the City communicated with Great Northern Golf
about the proposed trail segment and Great Northern Golf expressed that they
were neutral about that segment.
6) Q: Is
there a map available tonight? Could it be posted on the web site? A: A map
showing the locations of the parks and trails will be posted on the website.
7) Comment
thanking the committee for their work on the Phase 3 trail and weed control.
8) Comments
were made that 2/3 vote is required and the vote on the trail at the 2012
annual meeting did not meet that level and therefore did not pass. A: The 2/3
vote described in our Covenants applies to Special Assessments. Since no
assessment was needed, the 2/3 vote does not apply.
9) What is
the estimated cost for the current trail project? A: approximately $6,000 based
on the bid approved by the Board at the April 1, 2013 Board meeting. The trail
was initially designed pro bono by Morrison Maierle (local engineering firm)
when the Gallatin Valley Land Trust (GVLT) was working on obtaining a matching
grant for the full-length project. Morrison Maierle allowed us to use those
plans free of charge.
10) Q: Where
will the trail go? There is a ditch present and steep slope in places? A: the
ditch will remain but may be moved slightly to accommodate the trail within the
road right-of-way. The specifications
and drawings were completed by an engineering firm, taking those issues into
account.
11) Q: Who
owns the trails? Who maintains them? A: ownership differs by subdivision phase
depending on the City’s requirements at the time each phase was developed and
approved by the City. The trail and park in Phase 3 were required to be deeded
to the City, whereas the other trail and park areas were required to be
privately owned by the Association. With
regard to maintenance, the City is officially responsible for maintenance of
the park/trail in Phase 3, but as noted in the Park and Trail report, the City
is not able to maintain it to the level desired by the association, therefore
the association is maintaining that and the other areas.
12) Q: A
homeowner adjacent to the Phase 3 trail asked who to approach if he has any
questions or issues with the maintenance? A: bring it to the Board and the
Board will discuss and bring it to the City if appropriate.
Adam
indicated to the membership to please feel free to contact him with additional
questions or interest in getting involved with the Park & Trail committee.
Treasurer’s
Report for 2012-2013 Fiscal Year, Presentation of Budget for July 2013 through
June 2014, and Member Vote for Approval
Erik
Steckmest, Treasurer, requested Sharyn Anhalt, Association Bookkeeper, to
provide the report. Sharyn reminded the
membership that she served as the bookkeeper prior to being elected to the
Board in May 2012. In order for a clear
separation between her duties as Board President and Association Bookkeeper, the
Board established protocols wherein she does not have signatory authority over
any bank account and does not control funds. The Treasurer reviews all incoming
mail, and invoices are provided for review to another Board member before signing
the checks.
Sharyn
provided an overview of the current balance sheet as of April 30, 2013 and the
Income and Expenses for the current fiscal year to date. The Board had provided a proposed Budget for
the upcoming fiscal year July 1, 2013 – June 30, 2014, in the annual meeting
notice, scheduled for a member vote at this meeting.
Questions
and discussion from the membership concerned the amount of cash reserves
available. There was comment from some that it was not necessary and should be
returned to the members, while other members argued that it would be prudent to
hold reserves for future maintenance, repairs, and planned subdivision
improvements. There were additional comments that the $75 assessments is very
low compared to other subdivisions in town, and the members involved at the
beginning of the Association described how they had to loan money to BCSCA
because of a lack of any reserve. Sharyn agreed to present this at a future
Board meeting and establish clearer information on the necessary reserves.
There was
also the suggestion that the annual assessment could be reduced. Sharyn
explained that the Bylaws provide for a minimum annual assessment, and a vote
was taken at the 2002 Annual Membership Meeting to establish the minimum assessment
at $75 in order to provide for estimated operating costs and future
improvements. In order to change the amount of the minimum annual assessment, a
vote would need to be presented to the membership at an annual meeting. Any
member wishing to sponsor a vote to change the assessment would need to provide
information to the Board prior to the annual meeting so that it can be included
in the meeting notice, per the Bylaws.
A motion
was made and seconded, to cut off debate and vote yes or no on the budget as
presented. Members were instructed to vote via ballots at the meeting or on
their proxy ballot, and turn them in at the end of the meeting. The final vote
count for the budget, from votes cast in person or by proxy, was 140 approved,
27 no or abstained.
Nomination
and Election for Two Board of Director Positions, Serving Two Years to May 2015
The Chair indicated
that Tim Russell and Erik Steckmest are completing their terms on the Board and
neither is running for another term. The
members thanked them for their service by round of applause. Nominations for new Directors were taken from
the floor. The four candidates listed on
the ballot, Bill Ranard, Dian Bottcher, June Russell and Joan Michlin, were
nominated and seconded. They were given
the opportunity to stand and introduce themselves, and provide a short
statement if desired. There were no additional nominations. There was a motion made to close
nominations. It was seconded, and the membership was provided time to complete
any uncast ballots for submission prior to leaving the meeting.
New
Business
A comment
was made by Joan Michlin that she had a problem with how votes were handled at
the last annual meeting and that she wants more separation between the Board
and the bookkeeper and that she would like to see a separate, outside
bookkeeper. Karin replied that the
members were invited to remain after the meeting to observe the vote count, and
that Joan had assisted Karin and Sharyn with the final tally at the 2012
meeting. Joan replied that although present, she was unable to see anything. Sharyn
added that a previous Board specifically made the change from an outside
bookkeeper to provide for more oversight by the Board and to improve
communication and invoice review.
There were
no actions taken on any new business.
The
membership was invited to remain after the meeting to observe and assist with
the final vote tally. Paul Gianas and Bill Ranard remained, and assisted
Secretary Karin Jennings and President Sharyn Anhalt with the final tally of
the proxies and ballots.
A motion
was made to adjourn the meeting, seconded, and the meeting was adjourned at
8:30 pm.
Ballot
and/or Proxy Tally – Final Vote Counts
The final
results of the votes that were taken during the Annual Membership Meeting are
as follows:
Members
present at meeting, in person or by proxy = 167 (at least 109 are needed for a
quorum).
Approval
of Budget for 2013-2014: 140 yes, 27
no/abstain. Approved.
Election
of Directors:
Bill Ranard 115
votes – Elected to Board
Dian Bottcher 100
votes – Elected to Board
June
Russell
44 votes
Joan
Michlin 23 votes
